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Should you Post About your Custody Battle on Social Media?

On Behalf of | Feb 19, 2022 | Firm News

In the last decade social media has taken over almost every aspect of our daily lives. Twitter, Facebook, Tik Tok, Instagram, among many other applications have taken over the way we interact with our friends, family and even strangers. Social media is used to update our friends and family on our daily lives.

However, many people tend to overshare on social media. Most recently, Kanye West has been using social media to vent to his 12.6 million followers about his divorce. He makes almost daily posts about his wife, Kim Kardashian, their children, her family, and her new boyfriend. But Kanye is not alone. If you scroll your Facebook, Twitter, or Instagram feed it is not uncommon to see one of your friends or followers venting about their child’s other parent.

Should I post about my custody battle on social media?

No, you should NEVER post about your ongoing lawsuit on social media. Although, you may be tempted to update your friends and followers on your daily life, it is important to withhold some information from social media. If you do post about your pending lawsuit on social media, do not post any information that you would not want to be read out loud in Court. Do not post anything negative about your ex or their new significant other. If you must post, post only positive things. Before making your post, ask yourself three questions;

  1. Would I want a Judge to see this?
  2. Would I want my child to see this one day?
  3. Does this post present me in a positive light?

If the answer to any of the three questions above is “no”, you may find that it is better to write in your personal journal rather than make a social media post. If you need to vent to someone, choose a trusted friend, family member, or professional such as a counselor.

Can my social media posts be used in court?

Yes, your social media posts can be used in court. The other side can present your social media posts in court as evidence against you. Not only can your present social media posts be used against you, but any social media posts you have ever made can be presented against you as evidence.  For example, if you are asking for primary custody of your child, but you recently made a post on social media that you enjoy doing drugs and partying all night when you have your child, the judge can take that information into consideration when he/she makes their ruling.

What is the proper way to respond when my ex bashes me on social media?

No, response is the best response. You may be tempted to respond to your ex’s social media post with one of your own, but that would not make you any better than them in the Court’s eyes. Instead of responding, screenshot their posts as evidence to present against them in court.


Although, social media can be a great place to vent, it is not always the best place to post about your ongoing custody battle. Your social media post could be used to paint you in a negative light in the eyes of the court. It is best to keep information regarding your custody battle private. Use the time you would normally spend on social media to prepare for your day in court, write in your journal, or email important information to your lawyer. If the opposing party In your custody battle makes negative social media posts about your or your custody battle, take screenshots to gather as evidence.

Let Mr. West be a lesson for us all. What you post with the best of intentions will likely be misinterpreted by others and used to make you look bad in one way or another. Keep your family matters private, and let them play out in a Court of Law and not in the Court of Public Opinion. You will likely save you and your family unneeded stress, embarrassment, and regret.

Contact us today for help with your custody issues.